DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 – 4 and 6 – 20 are is/are rejected under 35 U.S.C. 102b as being anticipated by Yoshida US Publication No. 2013/0308009.
Regarding claim 1 Yoshida discloses of Fig. 1 – 9 of applicant’s an apparatus (paragraph 0024 camera 100)comprising: a sensor having a photodiode (paragraph 0026 image capture unit 101 includes an image sensor with (paragraph 0062) pixels (photodiode)); at least one processor; and a memory coupled to the at least one processor, the memory storing instructions that, when executed by the at least one processor (paragraph 0130 controller 130 is a processor that includes a CPU and memories such as a ROM memory with software instructions that controls each unit described below and implements part or all of the function of each unit), cause the at least one processor to: output a first image based on an output signal from the sensor (paragraph 0026 an imaging optical system 201 forms an object image in its field of view (image capture range) onto the image capture plane of a CMOS 202 as an image sensor. Image capture unit 101 converts an optical image formed on the image capture plane of the image sensor into an electrical signal, converts the acquired electrical signal into a digital signal, and outputs it. FIG. 2A shows an example of the arrangement of the image capture unit 101 such that an optical image signal is output as a first image based on an output signal from the sensor 202);
Yoshida further discloses of applicant’s determine an adjustment method for an image based on at least one of a cumulative value of the output signal (paragraph 0029 WB unit 102 performs white balance adjustment for the image signal output from the image capture unit 101 where the image signal whose white balance is adjusted by the WB unit 102 is supplied to an image processing unit 106. Paragraph 0033 chrominance signals and luminance signal of the image signal output from the noise removal unit 211 are concurrently processed where the color suppression unit 213 suppresses the color component of a high luminance portion and inhibits coloring of a saturated portion (white portion) by applying a gain corresponding to a luminance to a color (UV) signal such that color suppression unit 213 determine an adjustment method for an image with high luminance portion based on at least one of a cumulative value of the output signal from imager 202) or a drive time of the apparatus; and output a second image acquired by adjusting the first image based on the adjustment method (paragraph 0033 color suppression unit 213 suppresses the color component of a high luminance portion and inhibits coloring of a saturated portion (white portion) by applying a gain corresponding to a luminance to a color (UV) signal such that a second image with and inhibited coloring of a saturated portion is output acquired by adjusting the input first image with high luminance portion based on the adjustment method of color suppression unit 213).
Regarding claim 2 Yoshida further discloses of applicant’s wherein the instructions cause the at least one processor to determine the adjustment method so that an adjustment amount becomes larger with respect to a pixel of which a pixel value of the first image is more than or equal to a predetermined value (paragraph 0033 color suppression unit 213 suppresses the color component of a high luminance portion and inhibits coloring of a saturated portion (white portion) by applying a gain corresponding to a luminance to a color (UV) signal. The color suppression unit 213 reduces the value of a color component by applying a gain smaller than 1 to a high luminance portion. In this embodiment, the controller 130 sets the relationship between luminances and gains to be applied such that the instructions cause the at least one processor to determine the adjustment method so that an adjustment amount becomes larger in an high luminance portion with respect to a pixel of which a pixel signal value of the first image is more than or equal to a predetermined value of the high luminance portion over the condition where the adjustment is less in the case where the high luminance portion is not meet).
Regarding claim 3 Yoshida further discloses of applicant’s wherein the instructions cause the at least one processor to output the first image based on the output signal from the sensor so that a relationship between a number of input photons of the sensor and the output signal from the sensor approaches a linear relationship (paragraph 0026 an imaging optical system 201 forms an object image in its field of view (image capture range) onto the image capture plane of a CMOS 202 as an image sensor as a photoelectric conversion device. Image capture unit 101 converts an optical image formed on the image capture plane of the image sensor into an electrical signal, converts the acquired electrical signal into a digital signal, and outputs it such that the instructions cause the at least one processor to output the first image based on the output electrical signal from the sensor 202 photoelectric conversion device so that a relationship between a number of input photons of the sensor 202 photoelectric conversion device and the output electrical signal from the sensor 202 photoelectric conversion device approaches a linear relationship because any sensor photoelectric conversion device produces an output electrical signal proportional to any number of input photons to the sensor photoelectric conversion device).
Regarding claim 6 Yoshida further discloses of applicant’s wherein the instructions cause the at least one processor to determine the adjustment method based on the cumulative value of the output signal for each region of the sensor (paragraph 0026 an imaging optical system 201 forms an object image in its field of view (image capture range) onto the image capture plane of a CMOS 202 as an image sensor as a photoelectric conversion device. Image capture unit 101 converts an optical image formed on the image capture plane of the image sensor into an electrical signal, converts the acquired electrical signal into a digital signal, and outputs it such that the instructions cause the at least one processor to determine the adjustment method based on the cumulative value of the output electrical signal for the CMOS 202 photoelectric conversion device for each photoelectric conversion region of the sensor photoelectric conversion device).
Regarding claim 7 Yoshida further discloses of applicant’s wherein the instructions cause the at least one processor to estimate a degree of change in the apparatus based on at least one of the cumulative value of the output signal or the drive time of the apparatus, and wherein the adjustment method is determined based on the degree of change in the apparatus (paragraph 0026 an imaging optical system 201 forms an object image in its field of view (image capture range) onto the image capture plane of a CMOS 202 as an image sensor as a photoelectric conversion device. Image capture unit 101 converts an optical image formed on the image capture plane of the image sensor into an electrical signal, converts the acquired electrical signal into a digital signal, and outputs it such that the instructions cause the at least one processor to estimate a degree of change in the camera apparatus based on at least one of the cumulative value of the output electrical signal (or the drive time of the apparatus), and wherein the adjustment method is determined based on the degree of change in the camera apparatus input electrical signal form the CMOS 202 photoelectric conversion device).
Regarding claim 8 Yoshida further discloses of applicant’s wherein the instructions cause the at least one processor to determine to perform the adjustment method in a case where an index based on the degree of change in the apparatus for each region of the image is more than or equal to a threshold value and to determine not to perform the adjustment method in a case where the index based on the degree of change in the apparatus for each region of the image is less than the threshold value (paragraph 0033 color suppression unit 213 suppresses the color component of a high luminance portion and inhibits coloring of a saturated portion (white portion) by applying a gain corresponding to a luminance to a color (UV) signal. The color suppression unit 213 reduces the value of a color component by applying a gain smaller than 1 to a high luminance portion. In this embodiment, the controller 130 sets the relationship between luminances and gains to be applied such that the instructions cause the at least one processor to determine to perform the adjustment method by reducing the value of a color in a case where a value index based on the degree of change in the apparatus for each region of the image is more than or equal to a threshold value in a high luminance portion case and to determine not to perform the adjustment method of reducing the value of a color in a case where the index based on the degree of change in the apparatus for each region of the image is less than the threshold value in a case the high luminance portion is not meet).
Regarding claim 9 Yoshida further discloses of applicant’s wherein the index is a maximum value, an average value, or a median value of the degrees of changes in the apparatus for the regions of the image (paragraph 0033 color suppression unit 213 suppresses the color component of a high luminance portion and inhibits coloring of a saturated portion (white portion) by applying a gain corresponding to a luminance to a color (UV) signal. The color suppression unit 213 reduces the value of a color component by applying a gain smaller than 1 to a high luminance portion. In this embodiment, the controller 130 sets the relationship between luminances and gains to be applied such that the high luminance portion is taken as a maximum value), an average value, or a median value of the degrees of changes in the apparatus for the regions of the image.
Regarding claim 10 Yoshida further discloses of applicant’s wherein the adjustment method is processing for adjusting color of the first image (paragraph 0033 color suppression unit 213 suppresses the color component of a high luminance portion and inhibits coloring of a saturated portion such that color suppression unit 213 adjusts the color of the first image).
Regarding claim 11 Yoshida further discloses of applicant’s wherein the adjustment method is processing for adjusting a U value and a V value of the first image in a YUV format based on the output signal from the sensor (paragraph 0026 Image capture unit 101 converts an optical image formed on the image capture plane of the image sensor into an electrical signal. Paragraph 0033 – 0034 the color suppression unit 213 suppresses the color component of a high luminance portion and inhibits coloring of a saturated portion (white portion) by applying a gain corresponding to a luminance to a color (UV) signal. The color suppression unit 213 reduces the value of a color component by applying a gain smaller than 1 to a high luminance portion. In this embodiment, the controller 130 sets the relationship between luminances and gains to be applied. The second matrix (MTX 2) 214 converts the YUV signal including the UV signal processed by the color suppression unit 213 into an RGB signal for .gamma. processing. The C gamma. processing unit 215 performs .gamma. processing for the image signal (RGB signal) obtained by the second matrix 214. The third matrix 216 converts the output (RGB signal) from the C gamma. processing unit 215 into a YUV signal again. The knee correction unit 217 receives the UV signal of the YUV signal output from the third matrix 216 and compresses a high-saturation color space to make the image signal fall within a target color space such that the adjustment method is processing for adjusting a U value and a V value of the first image in a YUV format based on the output electrical signal from the image sensor).
Regarding claim 12 Yoshida further discloses of applicant’s wherein the adjustment method is processing for adjusting saturation of the first image based on the output signal from the sensor (paragraph 0026 Image capture unit 101 converts an optical image formed on the image capture plane of the image sensor into an electrical signal. Paragraph 0033 the color suppression unit 213 suppresses the color component of a high luminance portion and inhibits coloring of a saturated portion (white portion) by applying a gain corresponding to a luminance to a color (UV) signal. The color suppression unit 213 reduces the value of a color component by applying a gain smaller than 1 to a high luminance portion such that color suppression unit 213 adjusts the saturation of the first image based on the output electrical signal from the image sensor).
Regarding claim 13 Yoshida further discloses of applicant’s wherein the adjustment method is processing for adjusting the first image based on the output signal from the sensor using a look-up table (paragraph 0026 Image capture unit 101 converts an optical image formed on the image capture plane of the image sensor into an electrical signal. Paragraph 0037 first lookup table (LUT 1) 218 applies predetermined color space conversion and the like to these signals and outputs the resultant signal as a final YUV signal from the image processing unit 106 such that the adjustment method is processing for adjusting the first image based on the output electrical signal from the image sensor using a look-up table218).
Regarding claim 14 Yoshida further discloses of applicant’s wherein the instructions cause the at least one processor to determine, for each level assigned to the output signal from the sensor, to adjust the first image in a case where a score based on the level is more than or equal to a threshold value and not to adjust the first image in a case where the score based on the level is less than the threshold value (paragraph 0033 color suppression unit 213 suppresses the color component of a high luminance portion and inhibits coloring of a saturated portion (white portion) by applying a gain corresponding to a luminance to a color (UV) signal. The color suppression unit 213 reduces the value of a color component by applying a gain smaller than 1 to a high luminance portion. In this embodiment, the controller 130 sets the relationship between luminances and gains to be applied such that the instructions cause the at least one processor to determine to perform the adjustment method by reducing the value of a color in a case where for each value level assigned to the output electrical signal from the image sensor, to adjust the first image in a case where a score based on the level is more than or equal to a threshold value in a high luminance portion case and not to perform the adjustment method of reducing the value of a color in a case in adjusting the first image is a case where the score based on the level is less than the threshold value in a case the high luminance portion is not meet).
Regarding claim 15 Yoshida further discloses of applicant’s wherein the instructions cause the at least one processor to determine to adjust the first image based on the level and an adjustment level determined based on the cumulative value of the output signal and the drive time of the apparatus (paragraph 0028 the digital still camera 100 of this embodiment has an aperture priority AE mode, a shutter speed priority AE mode, and a program AE mode as automatic exposure control functions. Assume also that the user can make settings to determine whether the automatic exposure control function is allowed to decide a shooting sensitivity. Paragraph 0026 an imaging optical system 201 forms an object image in its field of view (image capture range) onto the image capture plane of a CMOS 202 as an image sensor as a photoelectric conversion device. Image capture unit 101 converts an optical image formed on the image capture plane of the image sensor into an electrical signal, converts the acquired electrical signal into a digital signal, and outputs it. Paragraph 0033 color suppression unit 213 suppresses the color component of a high luminance portion and inhibits coloring of a saturated portion (white portion) by applying a gain corresponding to a luminance to a color (UV) signal. The color suppression unit 213 reduces the value of a color component by applying a gain smaller than 1 to a high luminance portion. In this embodiment, the controller 130 sets the relationship between luminances and gains to be applied such that the instructions cause the at least one processor to determine to adjust the first image based on the level in a high luminance portion case and an adjustment level determined based on the cumulative value of the output electrical signal for the CMOS 202 photoelectric conversion device for each photoelectric conversion region of the sensor photoelectric conversion device and the drive time of the program AE mode as automatic exposure control functions of the camera apparatus).
Regarding claim 16, claim 16 is rejected for being fully encompassed by the reasons found in rejected claim 1 above.
Regarding claim 17 of applicant’s further comprising determining the adjustment method so that an adjustment amount becomes larger with respect to a pixel of which a pixel value of the first image is more than or equal to a predetermined value. Claim 17 is rejected for the reasons found in rejected claims 2 and 16 above.
Regarding claim 18 of applicant’s further comprising outputting the first image based on the output signal from the sensor so that a relationship between the number of input photons of the sensor and the output signal from the sensor approaches a linear relationship. Claim 18 is rejected for the reasons found in rejected claims 3 and 16 above.
Regarding claim 19 of applicant’s further comprising determining the adjustment method based on the cumulative value of the output signal for each region of the sensor. Claim 19 is rejected for the reasons found in rejected claims 6 and 16 above.
Regarding claim 20, claim 20 is rejected for being fully encompassed by the reasons found in rejected claim 1 above.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida US Publication No. 2013/0308009 in view of Sakurano et al US Publication No. 2021/0270939.
Regarding claim 4 Yoshida discloses an imager device correction method that corrects an input image color but does not expressively disclose wherein the sensor further includes a counter configured to count a signal of the avalanche photodiode;
Sakurano et al teaches a structure of an avalanche imager that count with a counter. Sakurano et al teaches of Fig 1 – 10 of applicant’s wherein the sensor further includes a counter configured to count a signal of the avalanche photodiode (paragraph 0040 SPAD (single photon avalanche diode) sensor 21 counts the outputs of the pixel of the with the 24-bit counter circuit 60). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the circuitry of Yoshida in a manner similar to Sakurano et al. Doing so would result improving Yoshida invention in a similar way as Sakurano et al – namely the ability to provide a structure of an avalanche imager that count with a counter, in Sakurano et al invention, to the imager device correction method in Yoshida invention.
Allowable Subject Matter
Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK T MONK whose telephone number is (571)270-7454. The examiner can normally be reached Monday thru Friday 8am to 4pm.
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/MARK T MONK/Primary Examiner, Art Unit 2637